Notes on digital identity and the problem of digital heritage: a legal analysis on the limits of the ‘post mortem’ protection of personality rights in the internet in the Brazilian law

Abstract

This paper analyzes the current context
of the impact of the information society, especially
from the internet, in daily life, its historical contextualization and most important consequences for
the current concept of personal data, digital identity and digital heritage, focusing its articulation
on the legal protection of personality rights and in
heritance rights as recognized by the Federal Constitution of 1988 and the other normative paradigms
in Brazil. In particular the paper considers the necessity of a new reading and concretization of the
current normative framework, taking into account
the existence of some absence of legal regulation,
to understand the complexity of cases that involve
the post mortem protection of personality rights,
especially in relation to the new challenges and
problem as imposed on the digital environment in
light of the case of digital heritage.